Apple not the only company able to use the term “app store,” judge says

Even though “app” can be short for both “Apple” and “application,” Apple Inc. does not have the exclusive right to use the phrase “app store,” a judge ruled on Wednesday.

The claim was part of a trademark infringement and unfair competition lawsuit Apple brought against Amazon.com Inc. over the Amazon Appstore for Android. Apple claimed that Amazon’s use of the term was false advertising because it would lead customers to believe that the Amazon Appstore has the same qualities as Apple’s App Store and possibly divert some of Apple’s revenue to Amazon.

U.S. District Judge Phyllis Hamilton was not convinced.

“The court finds no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store and/or Apple products,” she said, granting Amazon’s request to dismiss the false advertising claim.